THE SENATE	S.B. NO.	2333
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO personal IDENTIFICATION INFORMATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that driver's licenses and state certificates of identification contain information that can be accessed by third parties, including hotels, liquor, and retail establishments that scan driver's licenses and certificates of identification for verification of identification and age.  Law enforcement officials scan driver's licenses for information retrieval purposes in the course of issuing electronic citations.  Unfortunately, the information obtained could also be scanned, retained, and used for illegitimate purposes.

     The Department of Homeland Security urges states to adopt a law to limit the retention of personally identifiable information scanned from driver's licenses and state certificates of identification.

     The purpose of this Act is to prohibit personally identifiable information obtained from driver's licenses and state certificates of identification from being scanned and retained without the express permission of the holder of the driver's license or certificate of identification.

     SECTION 2.  Section 286-131, Hawaii Revised Statutes, is amended to read as follows:

"§286-131  Unlawful use of license.  No person shall:

     (1)  Display or permit to be displayed or have in the person's possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver's license;

     (2)  Lend the person's driver's license to any other person or knowingly permit the use thereof by another;

     (3)  Display or represent as one's own any driver's license not issued to the person;

     (4)  Fail or refuse to surrender to the examiner of drivers, upon the examiner's lawful demand, any driver's license that has been suspended, revoked, or canceled;

     (5)  Use a false or fictitious name in any application for a driver's license or knowingly make a false statement or knowingly conceal a material fact, or otherwise commit a fraud in any such application; [or]

     (6)  Use or have in the person's possession any reproduction, imitation, or facsimile of any driver's license or any identification with the appearance of a driver's license[.]; or

(7) Electronically scan and retain personally identifiable information stored in the machine readable zone of a driver's license, without the express consent of the holder of the driver's license."

     SECTION 3.  Section 846-28, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of the attorney general shall require, collect, secure, make, and maintain a record of the following items of information with respect to each applicant for registration:

     (1)  The name of the person applying to be registered (hereinafter called the "registrant" or "applicant"), the street and number or address of the applicant's place of permanent residence, and the applicant's residence and business telephone numbers, if any;

     (2)  The applicant's occupation and any pertinent data relating thereto;

     (3)  The applicant's racial extraction;

     (4)  The applicant's citizenship;

     (5)  The date and place of the applicant's birth;

     (6)  The applicant's personal description, including sex, height, weight, hair, eyes, complexion, build, scars, and marks;

     (7)  The applicant's right and left index fingerprints or, if the applicant has no right index finger or left index finger, other identifying imprint as specified by rules of the department; provided that this requirement shall not apply to minors until they reach the age of three years;

     (8)  The name, relationship, and address of the nearest relative or other person to be notified in case of sickness, accident, death, emergency, or need of the applicant, if such notification is desired;

     (9)  The social security number of the applicant; and

    (10)  A frontal photograph of the applicant's full face[.];

provided that the electronic scanning and retention of personally identifiable information stored in the machine readable zone of the certificate of identification, without the express consent of the holder of the certificate of identification, shall be prohibited."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Driver's Licenses; State Identification Certificates

Description:

Prohibits the scanning and retention of personally identifiable information obtained from driver's licenses and state certificates of identification.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.